The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-03
MUST RESUME THEIR WORK
Judge Irwin Declines to Relieve the Re-
publican Grand Jurors from Duty.
A Reorganization of the Jury Would, He
Thinks. Probably Vitiate All Future In
dictments That Might Be Returned.

1t was past o'clock yesterday morning when
the six grand jurors who left the court house
over TWO weeks ago climbed the stairs to the
Criminal Court room. The three who had hand
ed in their resignation at the close OF the last
term because the remaining three had refused
to sign indictments against the men who COM
mitted the tally sheet forgeries, led the way.
They expected to be released from further serv-
ice on the jury. There was much speculation
as TO what action the judge would take. and
cutie large crowd of attorneys and interested
Citizens followed the jury into the room None
OF the ''gang" were present When the jury had
taken their before the court for their usual
instructions, Judge Irwin read &C them the fol-
lowing communication:
Gentlemen of the Grand Jury--At the begin
ming of your last session / gave you a special
charge touching the crime known the tally
sheet forgeries.. No indictments were then
turned by you against any person or persons for
this offense. AT the close of the session three of
your number presented an application in writing
asking to be excused from further service as
mem bers of the present grand jury, alleging In
brief, as reason for making such request the
failure or refusal of the other three to Join them
in a vote to indict persons whose guilt of this
crime was, to them conclusively shown by the
evidence before the jury. The case is. perhaps,
unprecedented in the annals of criminal pro-
cedure, and, not alone on account or it's novelty,
but because of the gravity of the questions in
Volyed. has received from me the most
earnest consideration. The statutes of our State
providing for the impane cling of grand lurles
prescribes certain specific causes for which
jurors may be excused by the court The reason
assigned in this application does not fall within
the causes specified by statute. Whether or
not the court, in excusng grand jurors. is
strictly confined to the statutory causes pre-
scribed may in it's discretion. excuse for
other causes, is a question upon which courts of
last resort not in accord II. however. this
discretionary power be conceded. 1t must be a
judicial discretion; discretion bounded by legal
presidents, and not the exercise of the caprice
or prejudice of the judge. But be this as it may,
the vital and important question involved Is this
How is this court to determine whether the
jurors who failed to vote for Indictment should
have voted to indicu To do this would necessi-
tate the hearing In open court OF all the evidence
brought before the grand jury. This would
be to transfer the investigation from the grand
lury-roorn where. from reasons OF public policy.
secrecy is enjoined, into open court for the
judge to determine whether the evidence was
sufficient upon which to find bill. II this can
be done in this case it may be done IN any case.
upon application of one or more grand Jurors.
and thus the court would usurp the legitimate
functions CT the grand jury. grand jury,
when duly organized. becomes, IN one sense, a
CO ordinate authority with the court. While re-
ceiyng instructions from the court and legal
advice from the prosecuting attorney and while
the aic and power of the court must necessarily,
at times, be invoked by the jury in the discharge
of its duties, yet many of their important func-
tions to be performed by them a separate
and independent body. acting apart from the
court AS to matters of facts they alone must
determine The court neither keeps their con-
sciences control them in finding facts
when intending honestly to discharge their duty.
Courts. however, have the power to preserve
the sanctity of juries and maintain purity in tn
ad minstration of public instice If, therefore.
those who failed to vote for indictment acted
criminally corrupt. the law points out the m ode
of punishment. II their actions amounted to
such misbshavior as to subject them TO punish
ment for contempt of court, the statute directs
how to bring the matter properly before the
court / am satisfied. gentlemen that to dis
charge those who make the request for the
son stated or TO discharge those who fail TO vote
for Indictment and order the panel filled, would.
as the matter now stands, leave jury thus re-
organized tainted with illegality to vitiate
all indictments found by them And this is
matter against which the court must carefully
guard. have given you briefly my conclusions.
not deeming it necessary to cite any of the many
authorities examined and upon which the same
are based. | must, therefore, decline to excuse
you, gentlemen"
The three jurors who had asked to be relieved
from service on the jury showed by their coun-
tenances that they were much displeased, but
they offered no objection to the judges decision.
and the six men fled into their private room to
resume work.
II think did the only thing I could do under
the circumstances" said Judge Irwin to Jour
nal reporter. 1T wasn't what wanted to do,
but what the law prescribed 1 should do" Il is
hardly probable that the jury will take up the
forgery cases again. The were dismissed
at the close OF the last term, but they call
them up again if any of the members OF the jury
insist on II. There is rutnor that more DANA
eing evidence has been discovered, and if such is
the case. it will be brought out. AS the jury is
now constituted, it is recognized that there is
possible chance for securing indictments, and
the prosecutor will be compelled to let the
until another jury is selected. 1t is not the
intention of the prosecutor and the com ttee of
one hundred to let the prosecution go by de-
fault, and the will bs brought before every
future grand jury until indictments are returned.
The conspirators are happy, and feel assured
that they will be able in the future to keep ont
OF the clutches of the law. Their hope now is
to govern the drawing of the next grand jury
and make sure to secure men who will refuse to
consider the evidence that will be brought before